SC to take up Musharraf treason case on March 7

Petition was filed six years ago against PML-N govt for not registering high treason case under Article 6

ISLAMABAD: The Supreme Court has fixed a contempt petition for not initiating high treason proceedings against former president General (retd) Pervez Musharraf for abrogating the Constitution by imposing emergency and PCO on November 3, 2007.

A three-judge bench, headed by Chief Justice of Pakistan Asif Saeed Khosa, has fixed a six-year-old contempt petition filed by lawyer Sheikh Ahsanuddin for initiation of contempt of court proceedings against the then PML-N government for not registering a high treason case under Article 6 of the Constitution against Musharraf.

The bench will take up the matter on March 7 (Thursday).

The treason case was started in November 2013 months after the PML-N’s government came to power.

Even the Supreme Court, led by incumbent CJP Khosa, had directed to conclude the trial expeditiously.

However, the trial could not be concluded in the last six years due to several reasons.

Firstly, the special court in the start directed the federal government to include three more individuals for initiating treason case against them.

Due to that order, the proceeding remained suspended for a couple of years. Later, the SC set aside the special court order, directing to conclude trial against Musharraf only.

In the meanwhile, the former army chief went abroad due to medical reasons. He has yet to return. Likewise, several judges, who were a part of the special court, have been either retired or elevated to the apex court.

The case remained a reason of civil-military tension during the PML-N regime. The treason case proceedings have almost halted during the tenure of the PTI-led government.



In November 2007, though PTI chief Imran Khan vowed that his party would initiate proceedings against Musharraf over his unconstitutional acts, but the PTI has not taken any step in this regard. Most of the close aides of Musharraf are sitting in the incumbent federal cabinet. Both the attorney general for Pakistan and the law minister have represented him in the treason case.

Former chief justice Mian Saqib Nisar initiated efforts to bring back Musharraf but his counsel presented medical reports to substantiate that he could not come back to the country.

In October 2018, the special court in its last order decided to form a judicial commission to record the statement of Musharraf under Section 342 CrPC in the high treason case.

In its order, the court had observed that the trial “cannot be impeded merely on the ground of medical illness as is evident from the language of Sections 4, 6 and 9 of the Criminal Law Amendment (Special Court) Act 1976”.

The order says, “It is crystal clear that Musharraf wants to get examined under Section 342 of the CrPC, but shows his inability to appear before this court on account of his ill health.”



The order said a special procedure could be adopted by this court under the given circumstances to examine the accused under Section 342 of the CrPC; therefore, this court on the next date of hearing would prepare questions as required for the examination of the accused as envisaged under Section 6(1)(d) of the Criminal Law Amendment (Special Court) Act 1976. For the purpose of recording his statement, a commission shall be appointed by this court.